08/20/2026
Here’s a real question that we get asked from time to time. This one gets at something a lot of families worry about, and the answer matters more than most people realize.
The question: "My loved one has a trust, but has since become disabled. They're still sharp - they understand what's going on and can make clear decisions - but they have serious trouble speaking, and may not be able to sign the way they used to. Can they still update their estate plan?"
The answer: yes, absolutely. And it's important to know why.
When updating an estate plan, the law cares about capacity: does the person understand their choices and can they make decisions? It does not require the ability to speak clearly, or to physically sign in the traditional way. Someone can be fully capable of directing their own plan even with significant communication or physical limitations. Losing your voice is not the same as losing your say.
When a client can reliably answer yes-or-no questions, we have real tools to work with. We can structure the whole conversation around clear yes/no or simple-choice questions to confirm what they want. Communication supports like letter boards, eye-gaze boards, or AAC devices can help. And having a neutral witness present (someone who isn't a beneficiary) adds a layer of protection that everyone can feel good about.
Signing has options too. A person can sign with a simple mark, like an X, in front of witnesses. They can direct someone to sign on their behalf, in their presence. And the notaries we work with are well accustomed to accommodation requests, including coming to the client rather than the other way around.
It’s so important to know that a disability does not take away a person's right to shape their own plan. Our job is to build the bridge that lets their wishes come through clearly and to document it carefully, so the plan stands on solid ground.
If this is your family, please know it's very doable, and you're not alone in figuring it out. We're always glad to help. 💙
